Bengaluru

Nod for change of land use must even after conversion of agricultural land for other purposes: HC

Interpreting the laws on land conversion and change of land use in areas covered under master plans of the local planning authorities across the State, the High Court of Karnataka has declared that permission for change of land use under the Karnataka Town and Country Planning (KTCP) Act, 1961, is mandatory even after conversion of agricultural land for non-agricultural purposes under the Karnataka Land Revenue (KLR) Act, 1964.

“Grant of conversion from agriculture to non-agricultural purposes by the Deputy Commissioner under Section 95 of the KLR Act will not mean that change of land use under Section 14A of the KTCP Act is granted, deemed to be granted or automatically granted, if the land still vests with the planning authority and comes within the master plan,” the court said while interpreting provisions of both the Acts.

Justice M. Nagaprasanna delivered the verdict on a petition filed by the Karnataka Rajya Mandavya Gruha Nirmana Sahakara Sangha, Mandya. The petitioner had questioned refusal of Mandya Urban Development Authority to approve plan for the petitioner’s housing layout in the absence of permission for change of land use after conversion of land purchased by the petitioner for the formation of layout.

As the provisions of the KTCP Act having overriding effect on all other laws, what would unmistakably emerge is that one has to seek change of land use under Section 14A of the KTCP Act from the planning authorities if the areas come under the master plan declared by such planning authorities, the court said.

The court also clarified that requirement of permission for change of land use under the KTCP Act is essential only if the land, after being ordered to be converted for non-agricultural purposes by the Deputy Commissioner, falls within the master plan of the planning authority.

As the provisions of the KTCP Act are intertwined with a singular object of concurrence of the planning authority, importance of the zoning regulations and the master plan that is drawn, the court said the permission for change of land use is essential to ensure that development of land is as per the master plan.


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Printable version | Jan 24, 2022 7:05:00 AM | https://www.thehindu.com/news/cities/bangalore/nod-for-change-of-land-use-must-even-after-conversion-of-agricultural-land-for-other-purposes-hc/article37707264.ece

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